Created by Fuzzy Cloud

Patna High Court

Kamlesh Kumar @ Bhola KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the bail application.

Summary

Kamlesh Kumar, also known as Bhola Kumar, was arrested in February 2026 for possession of approximately 2.10 grams of brown sugar (cannabis). He is charged under Section 111(2)(b) of the Bihar Narcotic Substances Act and Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and also faces another NDPS case. The petitioner applied for regular bail, claiming false implication and offering to cooperate with the trial. The State, represented by an Additional Public Prosecutor, opposed bail, emphasizing the contraband recovery and the pending second NDPS case. The Patna High Court, after considering these factors, declined to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to an accused possessing a small quantity of narcotics under the B.N.S. and NDPS Acts, considering the recovery of contraband and a pending second NDPS case.

Legislation cited

Subjects

  • bail
  • narcotics
  • possession
  • Section 111
  • NDPS Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21231 of 2026
                      Arising Out of PS. Case No.-74 Year-2026 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Kamlesh Kumar @ Bhola Kumar Son of Dharmendra Manjhi Resident of
                 Kurthaul Railway Line, P.S.- Parsa Bazar, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Bindu Kumari, Advocate
                 For the Opposite Party/s :       Mr.Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Parsa

                   Bazar P.S. Case No. 74/2026 registered for the offences

                   punishable under Section 111(2)(b) of B.N.S. and                        Section

                   8(c)/21(b) of N.D.P.S. Act.

                                3. As per the prosecution case, recovery of

                   approximately 2.10 grams of brown sugar/smack is made from

                   the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has one criminal antecedent and

                   he is in custody since 08.02.2026. The petitioner undertakes to

                   co-operate in the case/ trial.
              Patna High Court CR. MISC. No.21231 of 2026(2) dt.06-04-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the recovery of contraband which has

                        been made from the possession of the petitioner and also the

                        fact that he is accused in one more case under N.D.P.S. Act, this

                        Court is not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.